dissenting.
I respectfully dissent to that portion of the majority opinion holding that appel*366lant’s confession was not a product of police coercion. The trial court, after a lengthy pretrial hearing on appellant’s motion to suppress, found that the confession had been voluntarily made. Appellant continued his objection to the confession at trial, but did not include a challenge to the confession in his motion for a new trial. Although a claim of error not included in the motion for a new trial is not preserved for review, e. g., State v. Gomillia, 529 S.W.2d 892 (Mo.App.1975), the appellate court may invoke the plain error rule, Rule 27.20(c), V.A.M.R.,, “on a case to case basis . where substantial rights are affected whether or not the error is raised in the trial court or preserved for review, or defectively raised or preserved.” State v. Meiers, 412 S.W.2d 478, 480 (Mo.1967). There must, however, be “a sound, substantial manifestation, a strong, clear showing, that injustice or miscarriage of justice will result if the rule is not invoked.” Id. at 480-81. Mere allegation of constitutional error, even if proven, does not automatically satisfy this standard. State v. Murphy, 521 S.W.2d 22, 25 (Mo.App.1975); State v. Harms, 507 S.W.2d 29, 31 (Mo.App.1974). Allegations of manifest injustice or miscarriage of justice must be supported by some kind of factual showing. State v. Graham, 527 S.W.2d 936, 944 (Mo.App.1975).
Coerced confessions are inadmissible as evidence. Such confessions are inconsistent with the protections guaranteed by due process of law. U.S.Const. Amends. V, XIV; Ashcraft v. Tennessee, 322 U.S. 143, 64 S.Ct. 921, 88 L.Ed. 1192 (1944); Brown v. Mississippi, 297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682 (1936). The Fifth Amendment privilege against self-incrimination and “our accusatory system of criminal justice [demand] that the government seeking to punish an individual produce the evidence against him by its own independent labors, rather than by the cruel, simple expedient of compelling it from his own mouth.” Miranda v. Arizona, 384 U.S. 436, 460, 86 S.Ct. 1602, 1620, 16 L.Ed.2d 694 (1966). The use of a defendant’s coerced confession in a state criminal trial is forbidden by the Due Process Clause of the Fourteenth Amendment. E. g., Payne v. Arkansas, 356 U.S. 560, 78 S.Ct. 844, 2 L.Ed.2d 975 (1958). The ultimate test of the admissibility of a confession is one of voluntariness: “Is the confession the product of an essentially free and unconstrained choice by its maker?” Culombe v. Connecticut, 367 U.S. 568, 602, 80 S.Ct. 1604, 4 L.Ed.2d 1522 (1961); Rogers v. Richmond, 365 U.S. 534, 81 S.Ct. 735, 5 L.Ed.2d 760 (1961). Although physical brutality and violence used to extort confessions of course violate due process of law, threats of violence and duress also constitute coercion. E. g, Blackburn v. Alabama, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d 242 (1960); Watts v. Indiana, 338 U.S. 49, 69 S.Ct. 1347, 93 L.Ed. 1801 (1950); Lee v. Mississippi, 332 U.S. 742, 68 S.Ct. 300, 92 L.Ed. 330 (1948); Malinski v. New York, 324 U.S. 401, 65 S.Ct. 781, 89 L.Ed. 1029 (1945); State v. Williams, 369 S.W.2d 408, 418 (Mo.1963); State v. Statler, 331 S.W.2d 526, 530 (Mo.1960); State v. Bradford, 262 S.W.2d 584, 586 (Mo.1953). All factors are relevant in reviewing a claim that a confession was coerced including individual characteristics of the defendant, State v. Bradford, supra, and the surrounding circumstances, including the duration and conditions of detention, the manifest attitude of the police toward the defendant, defendant’s physical and mental state, and any psychological pressures. Culombe v. Connecticut, 367 U.S. 568, 602, 80 S.Ct. 1604, 4 L.Ed.2d 1522 (1961).
Although the decision of the trial court should not lightly be overturned, the evidence presented by appellant, though admittedly not conclusive, cf. State v. Lyle, 511 S.W.2d 817, 818 (Mo.1974), does satisfy the standard of some kind of factual showing in support of an allegation of manifest injustice under the plain error rule, State v. Graham, 527 S.W.2d 936, 944 (Mo.App.1975), and requires reversal of appellant’s conviction. Rule 27.20(c), V.A.M.R.; e. g., State v. Butts, 349 Mo. 213, 159 S.W.2d 790 (1942); State v. Powell, 266 Mo. 100, 180 S.W. 851 (1915). Such a decision is particularly justifiable in light of the rule that the state has the burden of proving by a pre*367ponderance of the evidence that a confession was voluntary. Lego v. Twomey, 404 U.S. 477, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972); State v. Nolan, 423 S.W.2d 815 (Mo. 1968); State v. Williams, 369 S.W.2d 408 (Mo.1963).
Here, appellant testified at the pretrial hearing that during interrogation periods he had been beaten, kicked, beaten with a rubber hose, and threatened with more beatings if he did not confess by several police officers. Appellant’s testimony was confirmed by a polygraphy examiner who testified that in his opinion appellant’s allegations of police brutality were truthful. This polygraph test had been stipulated to by both the defense and prosecution. An eyewitness testified in support of appellant’s account of the beatings by the police officers. Appellant had been physically injured and his shirt was ripped. In addition, appellant was not given anything to eat for approximately 31 hours (1:00 P.M. July 29 to 8:00 P.M., July 30).
On the other hand, the state called seven (7) police officers as witnesses, all of whom denied the allegations of coercion and were unable to explain appellant’s claimed injuries or torn shirt. It is unrealistic to expect police officers in most coercion cases to admit to any kind of brutality. Interrogation is not conducted and confessions are not made in the open air but inside police stations. The United States Supreme Court has given special attention to the problem of the secrecy of interrogation rooms, “the admissibility of statements obtained from an individual who is subjected to custodial police interrogation and the necessity for procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself.” Miranda v. Arizona, 384 U.S. 436, 439, 86 S.Ct. 1602, 1609, 16 L.Ed.2d 694 (1966); Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). Confessions which are the result of coercion are fundamentally inconsistent with the individual’s privilege against self-incrimination and the due process of law and were recognized as such long before the procedural safeguards of Miranda were laid down, e. g., Brown v. Mississippi, 297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682 (1936). The continued use by the police of physical and mental coercion and the necessity for some limitation on custodial interrogation were of principal concern to the Supreme court in the landmark Miranda decision. Miranda v. Arizona, 384 U.S. 436, 447, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The present case emphasizes the task of the courts to closely examine the voluntariness of a confession and to reverse convictions where the state has failed to satisfy its burden of proof that the confession was in fact voluntarily made.
Although the court and the jury found, after considering conflicting testimony, that defendant’s admissions were voluntary, not in all instances are we required to defer to their findings. I accept, without question, the general rule that where either a conviction or a particular finding has been resolved by the court based on conflicting evidence neither will be disturbed on appeal, where there is sufficient evidence to sustain it. See State v. Woodard, 499 S.W.2d 553, 556 (Mo.App.1973); State v. Wheaton, 221 S.W. 26 (Mo.1920). Here, for reasons I shall develop, I reject the jury’s finding that the admissions herein were voluntary and find them to be the product of compulsion.
Indicative of the careful scrutiny appellate courts give to cases wherein a trial court has found a confession to have been freely given are the cases of Brown v. Mississippi, 297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682 (1936); Chambers v. Florida, 309 U.S. 227, 60 S.Ct. 472, 84 L.Ed. 716 (1940); and Ashcraft v. Tennessee, 322 U.S. 143, 64 S.Ct. 921, 88 L.Ed. 1192 (1944).
In Brown, the trial court determined that the confessions of the defendants, who were charged with murder, were voluntary. Nonetheless, the court rejected the trial court’s findings and found upon its own review of the evidence that the confessions were the product of compulsion. This for the reason that the uncontradicted testimony supplied by the defendants and a deputy *368revealed that the defendants had been severely beaten. Consequently, while Brown cannot be cited to authorize an appellate court to disregard a trial court’s findings based upon conflicting testimony, yet it does illustrate that under certain circumstances an appellate court does have the independent power to conduct its own review of the evidence and to throw out the findings of a trial court jury on an issue of voluntariness.
In Chambers, several defendants, who were ignorant, tenant farmers, were charged and convicted of murder based upon confessions which the trial court had found to be voluntary. Unlike Brown, in Chambers there was a disagreement and a conflict in the testimony as to whether threats had been made and violence had been used on the defendants. Nonetheless, the court, as in Brown, found that uncon-tradicted evidence showed: (1) that defendants had been questioned steadily over a period of five days; (2) that the circumstances surrounding their confinement and their questioning without any formal charges having been brought, were such as to fill the defendants with terror and frightful misgivings — Chambers, 309 U.S. p. 239, 60 S.Ct. 472. Equally important, I note that the State of Florida challenged the court’s jurisdiction “to look behind the judgments below claiming that the issues of fact upon which petitioners base their claim that due process was denied them have been finally determined because passed upon by a jury. ...” Chambers, at p. 228, 60 S.Ct. at p. 473. In answer to this challenge, the court replied that it is not concluded by the findings of a jury that the confession by one convicted in a state court of murder was voluntary, but determines the question itself from the evidence. Chambers, at p. 229, 60 S.Ct. 472.
In Ashcraft v. Tennessee, supra, where the defendant was charged as an accomplice to the murder of his wife, the Supreme Court again reversed the conviction, after finding that the confession was coerced, rather than voluntary, as determined by the jury. Here, too, there was some contradictory evidence as to whether the defendant had been beaten, given food, allowed to use the lavatory during the 36 hours he was questioned, as well as the type of questioning he was subjected to, and what kind of physical condition he was in after his interrogation. In spite of these contradictions in the evidence, the court found the uncontradicted evidence that Ashcraft was held incommunicado for 36 hours without sleep or rest and was questioned continually by relays of officers and investigators, sufficient to prove that his confession was coerced.
In all of the above cases, the Supreme Court refused to accept the lower court’s findings of fact that the confessions were voluntary. In each case there was other evidence that was uncontradicted, undisputed evidence relied upon by the Supreme Court that the defendant had been beaten, or subjected to questioning in intimidating circumstances for prolonged periods of time. Here, in the instant case, the evidence is uncontradicted: (1) that defendant was held for 31 hours without food or nourishment; (2) was questioned for approximately 16 hours before a formal charge was made; (3) that defendant was without friends, family, or counsel during the time he was being held; and (4) that the police had no explanation as to why they had furnished him with a shirt different from the one he wore when arrested and defendant testified had been torn while he was being beaten. Granted, there are contradictions in the testimony as to whether violence was used on the defendant while in custody; however, the mere fact that some of the evidence is contradictory does not mean that the court is “bound” to accept the jury’s findings. Chambers v. Florida, supra, and Ashcraft v. Tenn., supra. Even assuming that this contradictory evidence is in favor of the state, and no violence was used on the defendant, I still find as a matter of law that because the defendant was held for 31 hours without food or nourishment and questioned for a period off and on for 16 hours that his resulting statement was the product of compulsion.
*369This case closely resembles Ashcraft. In Ashcraft, there was contradictory evidence as to whether violence had been used but uncontradicted evidence that Ashcraft was held and questioned for 36 hours. In this case we have contradictory evidence as to whether the defendant was beaten but un-contradicted evidence that he was held for 31 hours without food or nourishment and questioned for 16 hours before formal charges were made. In both cases, the “coercive force” of the situation is brought to bear against a lone suspect. Ashcraft v. Tennessee, supra.
Therefore, while I acknowledge the general rule that a conviction based on conflicting evidence will not be disturbed on appeal, I reject it in this case because from my own independent findings there are other circumstances which show as a matter of law that the purported statement resulted from compulsion. In no way in my decision do I consider the consensual, uncontrovert-ed results of the polygraph in my final conclusion, because I recognize that the court had the right to believe or disbelieve this evidence. Yet, on the other hand, the uncontradicted results of the polygraph testified to by a respected, qualified examiner,1 does give some validity to my conclusion that some mischief was afoot.
Finally, I call to the attention of my colleagues an admonition given by Simeone, C. J. Judge Simeone noted that the courts stand as the last buffer of protection between police tyranny and the individual rights of all of our citizens. Today more so than ever, our news media report countless charges of confrontation of police misconduct in their dealing with our citizenry. In a majority of the instances where charges are made, we, the court, because of the high regard we hold for our police department resolve these disputes in favor of the police. We do this not because the police are infallible, but because in most instances we have a one-against-one swearing contest between the police and the accused. Consequently, absent any evidence to the contrary, we presume our police to be acting in good faith and thus support their version. In this case, however, such is not the case. Here we have one of those rare instances wherein not only are there other witnesses to the dispute but also a substantiation of the charges by credible scientific testing as related to the court by a highly respected polygrapher.
For the reasons given herein, I find the purported admissions to be the product of police coercion; and, accordingly, I would reverse and remand the cause for a new trial.
. Mr. Warren Pierre Mathews, the polygraph examiner, graduated from the University of Illinois School of Engineering. Afterward he was employed by the Central Intelligence Agency where he was first introduced to the field of polygraphy. Later he graduated from Zahn Institute of Polygraphy, a training institution for examiners of law enforcement and commercial agencies. Mr. Mathews had made court appearances for defendants as well as for the state. His present employment is with Wells Fargo, a security agency.