BASTIAN, Circuit Judge.
Appellant was tried, convicted and sentenced for the offense of grand larceny.1 Count 1 of the indictment on which ap[267]*267pellant was tried charged James G. Cross, James Landriscina and others not named as defendants, with conspiracy, in violation of 18 U.S.C. § 371 and § 1503 (1958), to effect a corrupt acquittal of Gross in his trial on a charge of perjury. It further charged that one co-conspirator paid Levin a total of $35,000, the property of the Bakery and Confectionery Workers’ International Union of America, which property was entrusted to James G. Cross, its president.
Count 2 of the indictment charged Levin as follows:2
“On or about February 13, 1959, within the District of Columbia, and within the jurisdiction of this Court, defendant Milton M. Levin did unlawfully, feloniously and willfully steal, take and carry away the property of the Bakery and Confectionery Workers’ International Union of America, an unincorporated association, entrusted to James G. Cross, President of said union, the said property consisting of $35,000 in money in violation of Title 22, District of Columbia Code, Section 2201.”
Count 3 of the indictment charged Cross with having embezzled $35,000 from the Union.
Levin was found guilty of gi'and larceny as charged in Count 2 of the indictment, and his appeal is now before this court for determination.
The trial was a lengthy one. While the testimony of Landriscina regarding Levin’s receipt of the money was specifically denied by Levin, there are corroborating circumstances which bear out the Government’s case. In her charge to the jury, the trial judge set out fairly the contentions of the Government and of the defendant, as follows:
“Briefly, I shall tell you what the government claims in this case and then I shall tell you what the defendant claims.
“The government contends that Mr. Levin, the defendant, represented to Mr. Cross, President of the Union and to Mr. Landriscina, another Union officer, that he, the defendant, Mr. Levin, could fix the Cross perjury case if he were given $35,000 to use in the fixing; that $35,000 in cash, of the money belonging to the Union, was by direction of Mr. Cross turned over to Mr. Landriscina, that Mr. Landriscina then turned over the $35,000 to the defendant, Mr. Levin, in order that Mr. Levin might use the money to bribe court officials, or a court official and jurors in a case in which Mr. Cross was the defendant and in which he was charged with perjury. And the government further contends that the defendant, Mr. Levin, just pretended that he would bribe people and that when he took the $35,000, it was with the intent of appropriating it to his own use. That, as I said, is what the government contends.
“On the other hand, Mr. Levin denies that he ever had any understanding with anyone to fix the Cross perjury trial and he denies receiving the $35,000 mentioned in the indictment, or any part of it. He concedes that he had conversations with certain Union officials and that he saw them, but he says these conversations were primarily about his employment as a lobbyist or as general counsel for the Union, and that checks he received from the Union were for services rendered.”
Appellant concedes that the evidence on behalf of the government, if believed by the jury, as it evidently was, was sufficient to support the charge in the indictment; and unless the questions of law urged by appellant are well taken, the judgment of conviction must be affirmed.
I
Appellant first contends that there was no evidence showing that he committed larceny by trick of the Union’s money. Beduced to its pertinent essentials, appel[268]*268lant’s contention is that the essence of larceny by trick is a fraudulent inducement of the true owner to convey his property to the thief. Thus, inasmuch as the indictment charged appellant only with larceny of money belonging to the Union, the conviction cannot stand since Cross, from whom the money was received, had embezzled the money from the Union and thus was not its true owner.
We think this is a misconception of the nature of the crime of larceny, which is an offense against the possession rather than the ownership of property. As indicated by the statute, the gist of the crime is the felonious taking and carrying away of anything of value and, under the terms of our statute, as distinguished from those of certain other jurisdictions, the ownership of the property does not matter. Even granting that Cross was a thief, or embezzler, it would be no defense that the defendant stole from the thief, for it is well settled that one who steals money or property which itself had been stolen by another may be prosecuted notwithstanding the illegality of his victim’s possession. This principle has been followed in a number of cases wherein it was held or recognized that stolen money or other property may be a proper subject of larceny or a crime involving larceny such as robbery or forgery.3
Appellant further contends that the essence of the offense of larceny here involved is a fraudulent inducement, the elements of which are: (1) false representation; (2) with reference to a material fact; (3) acknowledgment of the falsity; (4) intent to deceive; and (5) action taken in reliance upon the representation. In the trial proceedings, the judge so charged the jury. Appellant argues, however, that since the officers with whom he dealt had acted outside the scope of their authority in embezzling or conspiring to embezzle the money from the Union, any representations to them by the appellant, or reliance by them on such representations, were not those of the Union. As a result, since the essential elements of false representation and reliance were not present as against the Union, appellant could not be found guilty of larceny by trick with regard to the Union. In so arguing, however, appellant mistakenly assumes that under the indictment and the statute it would be necessary to show that Cross was authorized to conduct the transaction for the Union. However, the indictment reads that defendant did “take and carry away the property of the * * * Union * * * entrusted to James G. Cross.” [Emphasis added.] There was no requirement that it be shown that the money was received from the Union, but rather (1) that the money was that of the Union, and (2) that it was the money “entrusted” to Cross.
That the money can be considered to have been “entrusted” to Cross, within the meaning of that phrase in the indictment, is clear. Granted, as it must be, that Cross was a faithless agent, nevertheless, he was at the very least a trustee ex maleficio. Moreover, with regard to the actual ownership of the money, appellant in his brief states:
“ * * * and of course the money still belonged to the Union notwithstanding the circumstance that Cross had embezzled it from the Union the day before * *
Hence it seems clear to us that there was sufficient evidence by which the jury could find that appellant had committed larceny of the Union’s money as charged in the indictment and appellant’s argument on this point is without merit.
[269]*269Appellant’s second point is that reversible error was committed by the trial court in excluding Eabbi Isaacson’s testimony as to appellant’s religious habits and as to the requirements of the Jewish Orthodox ritual. A résumé of the evidence showing the significance of this point seems indicated.
At the trial, the Government introduced testimony by Landriscina that he gave $10,000 in small bills to appellant on the morning of February 12, 1959,4 and the balance ($25,000) of the agreed $35,000 at about 5:00 p. m. on Friday, February 13, 1959. These transfers, it was testified, were made in a park near the Statler Hotel in Washington, D. C. On the other hand, appellant testified that Landriscina did not give him any money in the District of Columbia on either February 12 or February 13, 1959, that he (appellant) checked into a hotel in the District of Columbia at 5:43 p. m. on February 12,1959,5 that he was not in the District on the morning of February 12, that he left the District not later than 1:00 p. m. on February 13, and got to his home in Little Neck, Queens, Long Island, New York, somewhere “between four and five o’clock or before then,” and that he was home on February 13, 1959, at five o’clock (p. m.). In response to the question “How do you fix that you were at home ?” he stated:
“Friday afternoon is the Sabbath, which we observe quite diligently, and I never go away from home and my family on the Sabbath.”
Upon inquiry by the trial judge, he stated that he remembered being at home on that Friday, February 13, 1959. His testimony in this respect was corroborated by his wife who testified that her husband was home on Friday, February 13, 1959, “after four, about twenty after four, four-thirty at the very latest” according to her best recollection.
Appellant testified further that “I would think I took the train” to come to Washington on February 12. He stated that he had no checks for February, 1959, evidencing any payment to a railway company and “when I take the train, if I were to take the train, I would pay by cash.” Appellant’s cancelled check in the amount of $13.81 dated February 11, 1959, payable to Eastern Airlines, representing the one way fare between New York and Washington at that time was identified. Appellant testified that the check represented a trip “to or from Washington,” and that—
“It is very likely that that was a reservation. If I were coming back on the 13th, which was a Friday, I would make a reservation long enough in advance to insure.”
From the above résumé, it is apparent that appellant’s testimony, corroborated in part by the testimony of his wife, if credited by the jury, would establish that he took a plane from the District of Columbia to New York not later than 1:00 p. m. on Friday, February 13, 1959, and that he was not in the District but was at home at 5:00 p. m. on that date. His testimony, if credited, would also require the conclusion that he was not in Washington on the morning of February 12, 1959, and that although appellant admittedly was in Washington on the morning of February 13, 1959, up until 1:00 p. m., he did not meet with or receive any money from Landriscina on that morning.
[270]*270Appellant offered and there was received, supplementing this direct evidence, the testimony of seven acquaintances, neighbors, and friends, including Rabbi Irwin Isaacson, appellant’s wife, and a Catholic priest, that his reputation for honesty, truthfulness, and integrity was excellent. In addition some of these persons 6 testified generally as to appellant’s religious habits, stating variously that appellant was very religious, that the Orthodox Jewish Sabbath commenced at sundown Friday and ended at sundown Saturday, that appellant never worked on the Sabbath, that it was his habit faithfully to observe the Sabbath, that he was always home at that time, that he was not available for telephone calls, and that he never drove his car on the Sabbath.
After Rabbi Isaacson had testified that appellant’s reputation for truthfulness, honesty and integrity was excellent, the following tender was made by counsel for appellant:
“I wish to go into the subject matter with this witness concerning Mr. Levin’s habit of being home on the Sabbath [7] and using him as an expert to testify when the Sabbath commenced and what Orthodox ritual requires.”
This testimony was ruled inadmissible, and appellant contends that this constituted reversible error. We disagree.
According to the weight of authority, evidence of the general habits of a person is not admissible for the purpose of showing his conduct upon a specific occasion.8 Thus in personal injury [271]*271cases, evidence of the habits of care or negligence of the injured party is not admissible in proving his care or negligence at the time of his injury.9 Moreover, as stated in State v. Lapan, 101 Vt. 124, 141 A. 686, 694 (1926):
“Ordinarily, it cannot be proved that a person did a particular thing on one occasion by showing that he did it at another time or times.”
Appellant argues, however, citing 1 Wigmore, Evidence § 92, p. 519 (3d ed. 1940) that evidence of habit is of probative value and thus the intended testimony here should have been received. We agree with appellant that evidence of habit is of some probative value, although it is far inferior to direct evidence as to what was done at the time and date in question. Certainly those cases which reject such evidence do not do so on the ground that it is of no probative value. Rather, in the words of the court in Zucker v. Whitridge, 205 N.Y. 50, 98 N.E. 209, 213, 41 L.R.A.,N.S., 683 (1912):
“Sometimes it is necessary to weigh the probative force of evidence offered, compare it with the practical inconvenience of enforcing a rule to admit it, and decide whether, as a matter of good policy, it should be admitted. Uniform conduct under the same circumstances on many pri- or occasions may be relevant as tending somewhat to show like conduct under like circumstances on the occasion in question. All relevant evidence, however, is not competent. * * * So, assuming the evidence in question to be relevant, I think it should be held incompetent under the circumstances, because its probative force does not outweigh the inconvenience of a multitude of collateral issues, not suggested by the pleadings, the trial of which would take much time, tend to create confusion and do little good. * * * Habit is an inference from many acts, each of which presents an issue to be tried, and necessarily involves direct, and naturally invites, cross examination. The circumstances surrounding each act present another issue, and thus many collateral issues would be involved which would not only consume much time, but would tend to distract the jury and lead them away from the main issue to be decided. From the want of previous notice, the other party would not be prepared to meet such evidence; and after all the testimony of this character was in the fact would remain that, as no one is always careful, the subject of inquiry, although careful on many occasions, might have been careless on the occasion in question.”
Dean Wigmore himself acknowledges the extent to which the probative value of habit evidence may vary:
“There is, however, much room for difference of opinion in concrete cases, owing chiefly to the indefiniteness of the notion.of habit or custom. If we conceive it as involving an invariable regularity of action, there can be no doubt that this fixed sequence of acts tends strongly to show the occurrence of a given instance. But in the ordinary affairs of life a [272]*272habit or custom seldom has such an invariable regularity. Hence, it is easy to see why in a given instance something that may be loosely called habit or custom should be rejected, because it may not in fact have sufficient regularity to make it probable that it would be carried out in every instance or in most instances.” 1 Wigmore, supra at 520.
It seems apparent to us that an individual’s religious practices would not be the type of activities which would lend themselves to the characterization of “invariable regularity.” Certainly the very volitional basis of the activity raises serious questions as to its invariable nature, and hence its probative value. As Chamberlayne has observed:
“The probative force of habit, whether the question arises in a civil or criminal case, is based principally upon the fact that habitual conduct is largely free from the complicating and confusing element of volition which makes the relevancy of moral conduct merely deliberative, but, on the contrary, brings such conduct in line with the activities of the body which are under the control of the subliminal mind, i. e., are of the automatic nature, practically under the uniformity of natural law. In fact, the probative strength of habit is in proportion to the extent to which it assumes this automatic character.”
Chamberlayne, Modern Law of Evidence § 3204, p. 4433. Needless to say, the observance of the Sabbath in a particular manner involves a volitional assent, however guided or instructively urged.
Appellant argues that Howard v. Capital Transit Co., 97 F.Supp. 578 (D.D.C. 1951) is authority in this jurisdiction for the admissibility of the testimony offered. In that case, a wrongful death action, the District Court admitted circumstantial evidence of the decedent’s possession of a weekly pass for the defendant transit company’s bus service. The court found that such evidence had probative value respecting the issue of whether the decedent was a passenger on the bus at the time of the occurrence. In the court’s words:
“In view of the fact that decedent’s lips were sealed and there were no witnesses who could positively identify him as having been a passenger, this evidence was logically relevant and material, and I am aware of no exclusionary rule requiring its rejection”.
97 F.Supp. at 579. It is apparent that the absence of decedent’s testimony and the lack of eyewitnesses wex*e the critical factors considered by the court in admitting the evidence. There appears indeed to have been no evidence in that case of the decedent’s “habit” as such to ride the buses of the defendant company on the route and at the time in question. The court stated merely:
“Assuming, arguendo, that this and other evidence had the effect of showing the habit or custom of deceased in using defendant’s buses to return home from his place of employment, there is convincing authority for its admissibility for such purposes.” Ibid.
Consequently the case is readily distinguishable from this one as coming within the exception to the rule in personal injury suits, supported by the overwhelming weight of authority, that evidence of habit or custom is not admissible where thex*e are eyewitnesses to the accident.10
This case is one requiring the jury to choose between the testimony of Landriscina and of the appellant, both alleged [273]*273participants in the contested payment of money, and thus in a sense both “eyewitnesses.” Certainly neither the fact that Landriscina was a prosecution witness nor the fact that both his and Levin’s veracity were under attack would be sufficient to require, as a matter of law, the admission of further cumulative evidence 11 of the appellant’s habit of being at home before sundown on Fridays.12 As already indicated appellant’s wife not only testified as to his presence at home after 4:30 p. m. on the Friday in question, but she, as well as others (see note 6 supra), gave habit testimony. And, as indicated, the tender with respect to the Rabbi was not accompanied by a sufficient showing for admission of his testimony as to appellant’s habits.
Even on the assumption that the Rabbi might have become appellant’s “weightiest witness,” as his brief characterizes the Rabbi, we do not think it was reversible error to exclude further cumulative evidence as to appellant’s Sabbath habits in the circumstances here.13 The prosecution did not dispute his general habit to be home on Friday evenings, but only his whereabouts on a particular Friday evening. It is not unimportant in this connection that, under the evidence adduced by the prosecution, $10,000 of the amount said to be involved was allegedly paid to the appellant on the morning of Thursday, February 12, or the morning of Friday, February 13. Further habit evidence as to Friday evenings would not have pertained to those times.
Nor do we think it was an abuse of discretion on the part of the District Court not to receive the Rabbi’s expert testimony as to “when the Sabbath commenced and what Orthodox ritual requires.” Witnesses had already testified as to when the Sabbath commenced and when it ended. There was abundant evidence as to appellant’s devotion and reverence and his habit of being at home with his family at the beginning of the Sabbath. His whereabouts at that time on a particular date, February 13, 1959, is one of the facts in issue in this case, but the requirements of Orthodox ritual generally, apart from that particular requirement, have no present relevance.
It is urged also that the prosecution’s witness Landriscina was contradicted in some respects by prosecution exhibits and other prosecution witnesses, and the case was thus a close one. The effect of the contradictions of Landriscina’s testimony by other evidence was solely for the jury to weigh, under credibility instructions which we believe were adequate and [274]*274which are not challenged here. The closeness of the ease was also a matter to be resolved by the jury, particularly where as here the credibility of both alleged pai*ticipants as witnesses was in issue. We note that the jury returned with its verdict in 1% hours.
Ill
Appellant next contends that the court incorrectly instructed the jury regarding the weight it could attach to such testimony relating to appellant’s religious habits as was admitted. Appellant’s trial counsel requested that the jury be instructed as follows:
“There has been evidence of the fixed habit of the defendant, Milton M. Levin, concerning his presence at his home on Friday evenings for the observance of his Sabbath. You may consider this evidence as proof of his contention that he was at his home in New York on Friday, February 13, 1959, at approximately 5:00 o’clock p. m.”
Appellant’s counsel concedes before us, as indeed he must, that this requested instruction was improper and was correctly denied. He contends, however, that the instruction actually given was erroneous and that it was objected to before the jury retired.
The trial judge advised counsel that she would instruct the jury on the question of the weight to be given to the evidence referred to, and did in fact instruct the jury as follows:
“It is my recollection that Mr. Levin testified, as did other witnesses, that he has a habit or practice of a religious nature whereby he stays at home from sundown Fridays to s.undown Saturdays. You are told that proof of such a habit or practice is not proof that the defendant is never elsewhere at that particular time.”
After the court had concluded its charge, counsel were asked if there were any objections or requests and were told that if there were, counsel should come to the bench. At this time, counsel for appellant stated:
“I object to Your Honor’s instructions as given concerning custom and habit.
“And I re-offer Instructions Nos. 12 and 13 * * * 13 was my instruction to the converse of custom and habit.”
The trial judge responded regarding the offered Instruction 12, counsel thanked the court, and nothing further was said by counsel regarding the refused Instruction (13) on custom and habit, set out above and now conceded to be erroneous. No request was made that the charge as given be changed, corrected, or clarified in any manner.
We do not regard the charge as erroneous in the circumstances here and in any event it does not seem unduly prejudicial. Proof of habit, for religious reasons, to be at home on Friday evenings clearly is not conclusive proof that the person having the habit may not be elsewhere on occasion and particularly on the specific Friday evening in issue. Here, of course, as already pointed out, there was direct testimony by appellant and his wife that he actually was at home at sundown on the precise Friday involved, as the District Court clearly brought to the attention of the jury.
The instruction must of course be considered in context with the District Court’s instructions to the jury as a whole. When so considered, the habit instruction appears to us not to have had any prejudicial effect. The habit instruction was immediately followed by the following :
“You are further told that Mr. Levin has interposed in this ease a defense known as an alibi. There has been testimony to the effect that the defendant was not present at the time and place when the offense with which he is charged was allegedly committed. It is my recollection that Mr. Levin testified to that effect and that Mrs. Levin did, also. However, you are to be guided by your own [275]*275recollection of their testimony. You are told that the defense of alibi is a legitimate, legal and proper defense. The evidence adduced in support of this defense, however, like all other evidence in the case, should be given such weight and such consideration by the jury as the jury may think it is entitled to receive under all the facts and circumstances of the case.
“If after a full and fair consideration of all the facts and circumstances in evidence, the jury finds that the government has failed to provg beyond a reasonable doubt that the defendant was present at the time and place of the commission of the offense charged in the indictment, then one of the essential elements of the offense would be lacking and, in that event, it would be your duty to find the defendant not guilty.”
Other instructions which have importance with respect to the overall effect of the habit instruction are set out below.14
In Rule 30, Fed.R.Crim.P., it is provided, in part:
“No party may assign as error any portion of the charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection.” [Emphasis supplied.]
Fed.R.Crim.P. 51 provides that, while exceptions to rulings or orders of the court are unnecessary, it is sufficient that a party, at the time of the ruling or order, make known to the court the action he desires the court to take or his objection to the action of the court and the grounds therefor. This was not done in the present case. Appellant’s trial counsel was insistent on his own instruction, and did not state “grounds for his objection” to the court's charge. Nor do we see any reason for exercising our discretion under Fed.R.Crim.P. 52(b).
IV
Finally, it is urged that it was reversible error to exclude the testimony of Landriscina before the Grand Jury since it was claimed that evidence contradicted, in significant particulars, his testimony at the trial.
What happened, as disclosed by the record, was that appellant requested access to the transcript of the Grand Jury testimony, or an in camera inspection. He stated to the court the matters in which he was interested and, acceding to his request, the court conducted an in camera inspection and concluded that there were no inconsistencies so far as she could see. However, the court stated that although she could see no inconsistencies, defense counsel “might see some inconsistency that I did not see,” since “he has been living with this case a long time. I have not.” Accordingly she read aloud, in the presence of counsel for both sides, the questions and answers of Landriscina’s Grand Jury testimony respecting the issues in which appellant stated he was interested. He now complains that he should have been given the questions and answers to read. The fact is that after hearing the questions and answers read by the court, he said “Thank you very much, Your Honor” and did not ask the court for further relief. He apparently was satisfied with the manner in which the hearing before the Grand [276]*276Jury was presented to Mm. Under these circumstances, we can find no error affecting substantial rights.
We believe the appellant had a fair trial and no error appearing, the judgment of conviction is affirmed.
Affirmed.