I think it would depend on the situation and also the ability of the hunter. If he was sure that the buck was an 8 pt, there must have been enough light in the woods and time to determine this. Therefore I would not consider him a poacher, it was most likely still during legal shooting times. (It gets alot darker in the woods than an open field with a scope). Also the main factor whether to shoot or not is his ability to shoot a moving target. I know if I was in the (legal) situation, I would have definately shot at a running deer. I feel confident in the amount of practice I have put in over the past that I can put a lethal shot on a running animal. It all depends on the hunter.