Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-16-103 (2026)

Who Decides Questions Of Law And Fact

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 1
  5. 46-16-103 Who decides questions of law and fact

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 1. General Provisions

Who Decides Questions Of Law And Fact

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).

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.

Notes of Decisions
Cited in 8 cases, 1982–2015 · leading case: State v. Nicholls, 649 P.2d 1346 (Mont. 1982).
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State v. Nicholls, 649 P.2d 1346 (Mont. 1982). · cites it 5× “Section 46-16-103(2), MCA. When the trial is by jury, the District Court must still decide all questions of law.”
State v. DeVore, 1998 MT 340, 972 P.2d 816. · cites it 2× “It follows that where there are no disputed issues of fact, the jury, and therefore the potential influence of its individual constituents, “biased” or not, is inconsequential to the final outcome of the case.”
State v. Turk, 643 P.2d 224 (Mont. 1982). · cites it 3× “Section 46-16-103(2), MCA; section 46-17-201(3), MCA.”
State v. Betterman, 2015 MT 39, 342 P.3d 971. “” Sections 46-16-103, 46-18-103, MCA, (emphases added).”
State v. Young, 669 P.2d 239 (Mont. 1983). · cites it 3× “Section 46-16-103(2), MCA. Even though the District Court here may have considered the evidence of value less than $150.”
State v. Black, 891 P.2d 1162 (Mont. 1995). · cites it 2× “Under the circumstances of this case, therefore, we hold that the District Court was authorized to convict Black of the offense of sexual assault.”
State v. Barnes, 758 P.2d 264 (Mont. 1988). · cites it 3× “Section 46-16-103(2), MCA, restates the doctrine that jurors decide facts and judges interpret the law.”
State v. Betterman, 2015 MT 39. “” Sections 46-16-103, 46-18-103, MCA, (emphases added).”
Mont. Code Ann. § 46-16-103(2): 5 cases
State v. Nicholls, 649 P.2d 1346 (Mont. 1982). “Section 46-16-103(2), MCA. When the trial is by jury, the District Court must still decide all questions of law.”
State v. DeVore, 1998 MT 340, 972 P.2d 816. “It follows that where there are no disputed issues of fact, the jury, and therefore the potential influence of its individual constituents, “biased” or not, is inconsequential to the final outcome of the case.”
State v. Turk, 643 P.2d 224 (Mont. 1982). “Section 46-16-103(2), MCA; section 46-17-201(3), MCA.”
State v. Young, 669 P.2d 239 (Mont. 1983). “Section 46-16-103(2), MCA. Even though the District Court here may have considered the evidence of value less than $150.”
State v. Barnes, 758 P.2d 264 (Mont. 1988). “Section 46-16-103(2), MCA, restates the doctrine that jurors decide facts and judges interpret the law.”
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