Commonwealth v. Soun

The defendant, Kevin Soun, was convicted by a jury of assault and battery on a police officer in violation of G. L. c. 265, § 13D, and resisting arrest in violation of G. L. c. 268, § 32B. The defendant moved unsuccessfully for a required finding of not guilty on the charge of resisting arrest at the close of the Commonwealth’s case. The principal issue on appeal is whether an order by the police to turn around and place one’s hands behind one’s back is sufficient to satisfy the prong of the resisting arrest statute that requires the Commonwealth to prove that a reasonable person understood…