§ 44-1658 — Burden of proof in prosecution for making future contract

In a prosecution under this article the burden shall be on the defendant to prove that the subject matter contracted for or offered to be contracted for was in fact delivered in accordance with the terms of the contract or that it was the bona fide intention of the defendant at the time of making the contract, that the subject matter contracted for should be so delivered, if it is a material issue, and the court shall so instruct the jury.