5-27-3. JURY INSTRUCTIONS REGARDING BAD CHECKS.

In any prosecution of bad checks where the same is tried to a jury, the jury shall be instructed that where a check in evidence was returned from the financial institution because of insufficient funds in the account against which it was drawn, or because no account existed in the financial institution against which the check was drawn at the time the check was passed, such evidence is sufficient upon which to base a conviction of bad checks unless such return by the financial institution is satisfactorily explained by the facts and circumstances brought out at the trial.

The jury shall be instructed that no person can be convicted of issuing bad checks where the evidence established that the checks was postdated, or was a “hold” check, or was issued in payment for credit previously negotiated or arranged.