KNOXVILLE, Tenn. (AP) — A judge refused Tuesday to throw out a first-degree murder charge against a teacher's husband, who is accused of killing his wife's student lover.

Eric McLean, 33, is charged with the March, 10, 2007, shooting death of 18-year-old Sean Powell, though he claims his memory of the events is hazy.

"There is no evidence at all of premeditation," defense attorney Bruce Poston argued.

But the judge said the jury will have to weigh the first-degree murder charge even though there was "no direct proof" that McLean had plotted to kill Powell.

Judge Mary Beth Leibowitz noted that Powell was unarmed, had exchanged words with the defendant minutes before the shooting and that McLean was aware of his wife's affair — all matters for the jury to consider.