Section 16-89-107 - Trial of issues of law or fact(a)(1) Issues of law shall be tried by the court.(2) An issue of law arises on a demurrer to the indictment.(3) All questions of law arising during the trial shall be decided by the court, and the jury shall be bound to take the decisions of the court on points of law as the law of the case.(b)(1) Issues of fact shall be tried by a jury. However, the determination of fact concerning the admissibility of a confession shall be made by the court when the issue is raised by the defendant; the trial court shall hear the evidence concerning the admissibility and the voluntariness of the confession out of the presence of the jury, and it shall be the court's duty before admitting the confession into evidence to determine by a preponderance of the evidence that the confession has been made voluntarily.(2) An issue of fact arises upon a plea of not guilty or of former acquittal or conviction.Crim. Code, §§ 181-183, 234; C. & M. Dig., §§ 3082-3085, 3178; Pope's Dig., §§ 3908-3911, 4014; Acts 1965, No. 489, § 1; A.S.A. 1947, §§ 43-2104 -- 43-2107, 43-2131.