Montana § 46-16-103 Who Decides Questions Of Law And Fact

Montana Statutes

§ 46-16-103 — Who Decides Questions Of Law And Fact

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 16 TRIAL·Part 1 General Provisions

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).

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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).

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Legislative History

En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(a), (b); amd. Sec. 17, Ch. 116, L. 1979; amd. Sec. 262, Ch. 800, L. 1991; amd. Sec. 15, Ch. 395, L. 1999.