In Hartzel v. United States (1944) 322 U.S. 680, the court considered the narrow issue of whether sufficient evidence supported the jury's determination that the petitioner had violated the Espionage Act of 1917 when a trial judge in a separate proceeding had set aside the jury convictions of the coconspirators for insufficient evidence. ( Id. at pp. 681-682 & fn. 3.) Thus, in Hartzel, the court had made a fact determination regarding the existence of the conspiracy and the identical facts were at issue in both trials.