46-16-103. Who decides questions of law and fact.
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/mt/title-46/chapter-16/part-1/46-16-103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-16-103 . Who decides questions of law and fact.
(1)All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.
(2)Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110 (3).