Defendant was indicted on 1 April 2004 for murder. Case was misplaced and put on my desk this year. I reviewed it and decided offense was not murder but deadly conduct. I reindicted on 1 June 2010. My assistant pointed out that statute of limitations for this lesser offense is three years. Does not the fact that defendant was under indictment for a greater offense with no limitations toll the running of the statute as to the lesser a felony offense?

See Ex parte Slavin, 554 sw2d 691 (CCA 77)(tolling occurs if the second indictment is for an offense under the same penal statute as the first indictment).
Deadly conduct is under a different chapter of the Penal Code than murder.

I haven't looked at the subject in a while, but last time I did, I found this case:
Hernandez v. State, 127 S.W.3d 768 (Ct. Crim. App. 2004) which says an indictment tolls for same conduct, same act, or same transaction. Hope that helps!