(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).