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If Torch the Witness has deathtouch (perhaps due to the effect of Judith, Carnage Connoisseur), any amount greater than 1 damage will cause excess damage to be dealt, even if the total amount of damage dealt to that creature this turn isn't greater than the creature's toughness

However, there is one defining trait that can determine if the cards you pull are worth some money

Its a fun mix of ideas that makes for a really unique deck

Kabutops Pokmon card paired with a real trilobite fossil in a display frame

It has a hard limit on how big of a creature it can steal in the form of how many energy counters you can afford to spend, and also comes with hexproof from activated and triggered abilities, making it a little harder to remove from your opponents battlefield once the exchange has occurred