Your question is very interesting in the way that it's worded... I don't think you can see what you've done by using the current structure.

The hunter can't take the shot, because the shot was taken by another. Given the fact that it is the same buck and the chance for the shot is now gone, one cannot say whether they would take the shot or not, because it no longer exists. "Given the same conditions" in this sense would mean that the hunter in question already saw the 8x10 of the same dead buck.

But, if you're asking if I would take an illegal shot before shooting hours, then the answer is no. Doesn't matter what size animal it is... if I really wanted that buck badly, I would have watched it's movements very closely, climbed down from the stand quietly and attempted to stalk. Depending on my location, wind direction, etc. etc.