WOW, thats a nice imature, but being 40 yards and all, and Im jus starting out bow hunting, I wouldnt take that shot... Maybe if he got a lil closer and in perfect sight, no branches or anything in the way, then I might. And also if he was a 2 point.
With binos you could tell. The closest antler is obvious, and the far side you can see the paddle going back, which would suggest at least another tine.