An indirect assertion of a person's state of mind is hearsay under the Morgan view, but it is not under the traditional Wigmore definition.
State of mind, such as scienter or specific intent, is a question of fact, and if the evidence reasonably justifies the fact finder's inference that the state of mind existed, the finding will not be disturbed on appeal. (People v. Tolstoy, 250 Cal.App.2d 22, 25 [58 Cal.Rptr. 148]; see, e.g., People v. Bard, supra.)