BAKERSFIELD, Calif. -- Judge Michael Bush will instruct the jury in the Vincent Brothers murder trial to either convict Brothers of first-degree murder or acquit him of the charges.

Bush threw out a second-degree murder consideration. He said there was not enough evidence to support the idea that the Harper killings were not premeditated.

On Wednesday, attorneys on both sides of the case were in court putting the finishing touches on the instructions the jury will be given when they get the case.

The jury will not be instructed on the definition of an annulment. The defense was hoping to show Brothers did not cheat on his wife, Joanie Harper, during his first marriage because their marriage had been annulled. But, Bush said the annulment just means the marriage was void, not that it never took place.

During closing arguments, the prosecution will be allowed to say the defense did not call the defendant's brother, Troy Brothers, to the stand. Troy Brothers was a key witness for Vincent Brothers' alibi. Vincent Brothers said he was with his brother during the weekend that his family was killed.

The jury will not hear that the prosecution subpoenaed Troy Brothers and that he failed to appear. A bench warrant was issued for his arrest on Monday. The defense argued against the inclusion, but Bush said he would allow the prosecution to argue the issue.

The jury could get the case as early as next week.