{"data":{"id":"us-mt/46-16-103","jurisdiction":"us-mt","citation":"46-16-103","heading":"Who decides questions of law and fact.","body":"(1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.\n(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).","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 16. TRIAL","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0160/part_0010/section_0030/0460-0160-0010-0030.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:48Z","sha256":"8daaacd4b969f8272161bd9451c56ee4399c1979a1f8ae4759e23c1c81e061f8","source_id":"us-mt","stale":false,"prev":"us-mt/46-16-102","next":"us-mt/46-16-104"},"notice":"GroundRules: Original legal text. Not legal advice."}