This appeal is taken by Joseph E. Edge, Sr., pro se, from the district courts denial, without a hearing, of his petition for habeas corpus. Indicted on a charge of first degree murder, Edge was found guilty of manslaughter and sentenced, on February 26, 1953, to fifteen years in the Florida State Prison, where he is presently incarcerated. No notice of appeal from his conviction was filed until March 1956, and that appeal, being untimely, was dismissed. Edge v. State, Fla.1956, 88 So. 2d 628. On December 12, 1963, he filed a motion under Florida Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, with the sentencing court. This motion was denied by that court on December 18, 1963, and the denial was affirmed by the District Court of Appeal, per curiam, on May 28, 1964. After an unsuccessful attempt to file a petition for certiorari in the Florida Supreme Court, he filed his petition for habeas corpus in the district court.