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.