I have unintentionally done exactly this.

Found a buck I thought was legal through my 8x binos. Got all setup to take the shot. And as soon as I got my scope (set at 10x) on it to take the shot I could see it was not legal....and after cranking my scope to 16x I could definitely see it was not legal.

I was 100% positive it was legal and ready to kill that buck. Never glassed it with my scope as a way to determine whether or not it was legal.