| | I have been faced with this before
I had to make this call one day while hunting with my pistol in New York state. I was still hunting along a river bottom. The bedded deer saw me first and stood up about 35 yards away. It was thick but there was a kill shot opening. I sized up the deer and determined it was too small. It was not a mature doe and decided not to shoot it. We had a stare down for about a minute.
When it started to walk away I saw one of the front legs was dangling. It had been shot and had no use of one of its front legs. At that point I didn't really hesitate, I took the deer and tagged it with my doe permit. I learned a valuable lesson, small deer do NOT taste any better than big deer.